1. General – These Terms and Conditions of Sale constitute the agreement between Akyuz Nominees Pty Ltd Trading As Star Aluminium, herein referred to as Star Aluminium and the “Buyer” concerning the supply of goods by Star Aluminium to the Buyer, and shall prevail over all conditions appearing on any document of the Buyer.

2. Quotations – A quotation given by Star Aluminium shall not constitute an obligation to sell and no contractual relationship shall arise until the Buyer’s order has been accepted in writing by Star Aluminium. All prices quoted will remain valid for a period of 14 days and are subject to change.

3. Price The Buyer shall, in addition to prices quoted or charged, be responsible for all applicable taxes and statutory charges including but not limited to GST, unless otherwise advised in writing by Star Aluminium.

4. Payment Terms – Upon receipt of an order from the Buyer, Star Aluminium will issue an invoice which is required to be paid prior to commencement of manufacture, or for goods in stock, prior to dispatch/collection. The Buyer may apply for a credit account, which will be subject to credit check and approval by Star Aluminium and we will offer payment terms as specified in your credit approval letter. Custom products requiring special design and manufacture require a 50% deposit prior to commencement of manufacture with remaining balance to be paid prior to dispatch/collection unless agreed otherwise.

5. Delinquent Accounts – If the Buyer is in default of the specified payment terms by more than 10 days a 10% Monthly Finance Charge will be automatically applied to their account, calculated on the total overdue balance. Any and all current orders, either being manufactured, or ready to be dispatched/collected will be placed on Hold until such time as the account is brought up to date. Star Aluminium reserves the right at any time to terminate or suspend accounts if payment is continuously delinquent. If payment remains outstanding for 20 days exceeding the specified payment terms, Star Aluminium may commence debt recovery action against the Buyer. The Buyer will be liable for all costs incurred by Star Aluminium to recover monies owed by the buyer to Star Aluminium.

6. Default – If the Buyer breaches these Terms and Conditions of Account, fails to make payments to Star Aluminium when due, goes into insolvency or bankruptcy or enters into a deed of arrangement or composition with its creditors, Star Aluminium may without prejudice to its other rights, retake possession of the goods from the Buyer’s site and suspend further deliveries. The Buyer shall indemnify and keep Star Aluminium indemnified against all costs and liabilities incurred by Star Aluminium arising from entry on the Buyer’s site and/or suspend in exercise of Star Aluminium’s rights.

7. Delivery and Risk – Signed delivery dockets will be conclusive proof of the delivery of the goods in good condition. Risk in the goods shall pass to the Buyer on delivery. Star Aluminium reserves the right to make part deliveries in any order and each part delivery shall constitute a separate sale of goods upon these terms and conditions. A part delivery of an order shall not invalidate the balance of an order. Star Aluminium accepts no liability of goods collected by the Buyer including but not limited to third party transport companies booked by the buyer

8. Title – Title in the goods shall not pass to the Buyer until payment in full has been paid to Star Aluminium. If prior to transfer of title, the Buyer sells the goods or uses the goods in some process, then the Buyer will hold the proceeds of such sale or process in trust for Star Aluminium.

9. Cancelled or Varied Orders

a) An order placed by the Buyer and accepted by Star Aluminium (whether orally or in writing) may only be cancelled with the prior written consent of Star Aluminium, and then only on terms that the Buyer reimburse and indemnify Star Aluminium for and against all losses it incurs (including, without limitation, loss of profits). The Buyer will be liable to pay the greater of; the cost of materials used or purchased, the cost of labour incurred, design cost, engineering certification, and all other costs associated with the order, including loss of profits; OR a cancellation fee of 20% of the total cost.
b) An order placed by the Buyer and accepted by Star Aluminium (whether orally or in writing) may only be varied with the prior written consent of Star Aluminium. In the event that the cost of the order is increased, the Buyer agrees to pay any and all additional costs applicable. In the event that the cost of the order is decreased, the Buyer will be liable to pay the greater of; the cost of materials used or purchased, the cost of labour incurred, design cost, engineering certification, and all other costs associated with the order, including loss of profits; OR a variation fee of 10% of the total cost.
c) Star Aluminium reserve the right to withhold any of the above costs from a deposit obtained from the Buyer and issue a credit note for the remaining amount if applicable.

10. Illustrations, Dimensions, Brochures & Other descriptive details
a) Illustrations of the goods in Star Aluminium’s brochures and catalogues are not to be taken as exact representations of the goods including but not limited to website, social media, flyers, brochures, screen shots and past projects. 
b) Flyers, photographs, drawings, illustrations, materials, weights, dimensions and any other information accompanying a quote or in conjunction with a quote offered may be subject to change without notice.
c) Any documents including but not limited to drawings, material requirements, weights, required by dates provided by the buyer is subject to change without notice upon commencement of manufacturing.
d) Unless agreed in writing the seller reserves the right to supply a substitute product to the buyer.

11. Warranty

Star Aluminium offers a back to base warranty and the warranty period is dependent upon the specific goods purchased and will be outlined in the original quotation and invoice. Star Aluminium warrants that for the duration of the warranty period, all goods will be free of faults arising from defects in workmanship and/or materials. If any part of the goods fail to operate correctly due to faulty workmanship or defective material during the warranty period, Star Aluminium undertake to repair or replace the product or part free of charge, provided that the following is adhered to:

a) The Buyer must contact Star Aluminium immediately upon becoming aware of any fault/defect
b) Star Aluminium will consult with the Buyer to determine whether the fault/defect is caused by faulty workmanship and/or defective parts, and if so agree to repair or replace the goods, or pay the cost of any of those remedies to the Buyer. If it is determined that the fault/defect has occurred due to miss-use of the goods or reasonable wear and tear, Star Aluminium will provide a quotation for the cost of repair or replacement, to be borne by the Buyer if they elect to proceed.
c) Star Aluminium offer a back to base warranty meaning all costs associated with returning the goods for repair or replacement are the responsibility of the Buyer. Equally, the cost of return freight to the Buyer shall also be the responsibility of the Buyer.
d) The warranty is in addition to any non-excludable legal rights and remedies conferred on the consumer under any applicable Act and any similar laws. To the extent permitted by law, Star Aluminium’s liability for any non –excludable condition or warranty is limited to rectifying any defect at its option, as set out in paragraph 11b
e) Subject to the requirements of any applicable Act or legislation and to the extent permitted by law, no liability (whether expressed or implied) of any nature whatsoever, is accepted by Star Aluminium for any consequential loss, damage or injury arising as a result of any fault in the Goods.\
f) The warranty does not include any damage incurred to the goods:
i) during transit or transportation of any kind caused by abuse, accident or improper installation/assembly, connection, usage, operation, adjustment or repair or use of the goods other than in accordance with instructions issued by Star Aluminium
ii) The Warranty will be void on goods that have been modified in any way or repaired by anyone other than Star Aluminium and without STAR Aluminium’s approval. All goods have been designed for a specific purpose under established load ratings and any unofficial modification and/or repair can produce strain that the product is not designed to handle.
g) The following is applicable to all consumers purchasing goods in Australia: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

12. Limitation of Liability – Notwithstanding anything else contained in these Terms and Conditions, Star Aluminium shall under no circumstances be liable to the Buyer in connection with the Goods for any loss of use, loss of profit or consequential loss, whether arising in negligence or otherwise. To the extent permitted by law, Star Aluminium’s liability is limited to the repair or replacement of Goods. Star Aluminium reserves the right to cancel any orders at any time

13. Delays – Star Aluminium shall not be liable to the Buyer for any costs, losses or damages caused by any delays in production or delivery, which are beyond the reasonable control of Star Aluminium.

14. Credit Checks and Reporting – Star Aluminium may seek from a credit reporting agency a credit report containing personal information about the Directors / Proprietors / Sole Trader /Trustee to assess whether to accept the Credit Application.In the event of account delinquency, Star Aluminium may lodge details of the delinquency with a credit reporting agency, and shall remain indemnified from any impact that may have on the Buyer’s future ability to obtain credit.